Recent CBP NY Rulings
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
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N326884: The Tariff Classification of Krill Oil from China
| HTS: 1603.00.9090, free, “Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates: Other: Other." |
| Item: T Krill Oil composed of phospholipid, unsaturated fatty acids eicosapentaenoic acid and docosahexaenoic acid, vitamins A and E, and astaxanthin esters. The planktonic crustacean is caught by Chinese flagged vessels in the Antarctic Ocean, processed onboard into krill meal via quick freezing, and then sent to China for further processing. In China, the krill meal is subjected to extraction using ethanol, with the resultant product being filtered, concentrated, separated, refined, and sterilized. The krill oil will be shipped to the U.S. in bulk quantities, blended with other ingredients, and incorporated into capsules for use as dietary supplements. |
| Reason: N/A |
| Ruling Date: July 19, 2022 |
N326893: The tariff classification of a plastic driveway marker sleeve from China
| HTS: 3926.90.9985, 9903.88.15, 5.3% + 7.5%, “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [o]ther.” |
| Item: A driveway marker sleeve. It is a seven-inch tall hollow plastic stake that is hammered flush into the ground and is designed to have a flag/marker inserted into it. Sleeves will be positioned along the sides of driveways, making the driveway boundaries discernable when plowing during a snowstorm. |
| Reason: N/A |
| Ruling Date: July 19, 2022 |
N326899: The classification of supply valves from Taiwan
| HTS: 8481.80.1085, 4%, "Taps, cocks, valves and similar appliances, for pipes, boiler shells, tanks, vats or the like, including pressure-reducing valves and thermostatically controlled valves; parts thereof: Other appliances: Hand operated: Of copper, Having a pressure rating of 850 kPa or over: Ball Type." |
| Item: Supply valves constructed mainly of chromed brass and consists of a ball, a handle, a valve body, a stem, seals, and a screw set that is used to align the components. In use, the handle is manually turned and this in turn rotates the ball to control the flow of water from the water supply lines to certain appliances, such as dishwashers, ice makers, and washing machines. The pressure rating of the valves is greater than 850 kPas. |
| Reason: N/A |
| Ruling Date: July 19, 2022 |
N326996: The country of origin of a fiber patch cable
| Country of Origin: U.S. |
| Item: A fiber patch cable constructed of a fiber optic core that is wrapped in Aramid yarn and jacketed with plastic. Each end of the cable is affixed with an optical connector. The cable will be sold at various lengths and is used as network cabling for data center applications. The manufacturing process is completed in China using parts originating from a variety of countries. First, U.S. origin fiber cores are imported into China where they are covered with yarn and jacketed with plastic. The cables are then cut to the desired length and the connectors, which originate from the U.S., Japan, or China, are assembled on each end. The finished cables are then individually packaged for export. |
| Reason: The U.S. originating fiber cores impart the essential functional component of the finished article. Further, the assembly process performed in China is not significantly complex in order to substantially transform the cores into a new and different article of commerce. |
| Ruling Date: July 19, 2022 |
N324162: The tariff classification of a kitchen window valance and tier curtain set from China
| HTS: 6303.92.2010, 9903.88.15, 11.3% + 7.5%, “Curtains (including drapes) and interior blinds; curtain or bed valances: Other: Of synthetic fibers: Other … Window curtains (including drapes) and window valances.” |
| Item: A printed kitchen window tier curtain set consisting of one valance and two tiers. The tiers and valance are constructed from 100 percent polyester, printed, woven fabric. |
| Reason: N/A |
| Ruling Date: July 18, 2022 |
N326874: The tariff classification of fiber-cement fire pits from China
| HTS: 6811.89.9000, 9903.88.03, free + 25%, “Articles of asbestos-cement, of cellulose fiber-cement or the like: Not containing asbestos: Other articles: Other articles.” |
| Item: Two styles of fire pits designed to be used outdoors as heat sources. The outer body of this fire pit consists of a material referred to as “Envirostone," composed of magnesium oxide cement uniformly agglomerated with glass fibers. This outer body houses a propane-fueled burner system. |
| Reason: The fire pits are properly classified according to their constituent material of their outer body. The outer body of the two fire pits is made of non-iron or steel materials. |
| Ruling Date: July 18, 2022 |
N327027: The tariff classification of plastic cleanout plugs from Taiwan
| HTS: 3923.50.0000, 5.3%, "Stoppers, lids, caps and other closures, of plastics." |
| Items (1) A threaded 2-inch square head cleanout plug. It is composed of rigid Acrylonitrile-butadiene-styrene plastic. The threaded plug keeps the drain free of debris. It also creates a tight seal to prevent wastewater, noxious fumes, and dangerous sewer gases from leaking out of the cleanout pipe. (2) Threaded counter-sunk cleanout plugs consisting of rigid ABS plastic. 68509 is a 3-inch plug and 68512 is a 2 ½ inch plug. The threaded plugs keep the drain free of debris. They also create a tight seal to prevent wastewater, noxious fumes, and dangerous sewer gases from leaking out of the cleanout pipe. (3) Threaded counter-sunk cleanout plugs consisting of rigid polyvinyl chloride plastic. The threaded plugs keep the drain free of debris. They also create a tight seal to prevent wastewater, noxious fumes, and dangerous sewer gases from leaking out of the cleanout pipe. |
| Reason: N/A |
| Ruling Date: July 18, 2022 |
N327029: The tariff classification of plastic cleanout plugs from Taiwan
| HTS: 3923.50.0000, 5.3%, "Stoppers, lids, caps and other closures, of plastics." |
| Items: (1) A threaded 4-inch square head cleanout plug with a brass insert. It is composed of rigid Acrylonitrile-butadiene-styrene plastic. The threaded plug keeps the drain free of debris. It also creates a tight seal to prevent wastewater, noxious fumes, and dangerous sewer gases from leaking out of the cleanout pipe. (2) Threaded counter-sunk cleanout plugs with a brass insert. They consist of rigid polyvinyl chloride plastic. The threaded plugs keep the drain free of debris. They also create a tight seal to prevent wastewater, noxious fumes, and dangerous sewer gases from leaking out of the cleanout pipe. |
| Reason: The essential character of the cleanout plugs is imparted by the ABS or PVC plastic which, in addition to accounting for over sixty percent of the weight and bulk of the product, provides the function of closing the pipe to debris and release of gases. The brass insert is merely present to allow for future connection of an additional cover. |
| Ruling Date: July 18, 2022 |
N326798: The country of origin of SharkBite Max couplings, connectors, and end caps
| Country of Origin: China |
| Items: pipe couplings with push-to-connect mechanisms at each end |
| Reason: The essence of each of the SharkBite Max fittings is the brass body. The assembly, inspection, and testing operations performed in Vietnam are not complex or meaningful enough to constitute a substantial transformation. |
| Ruling Date: July 15, 2022 |
N326811: The tariff classification of gloves from China
| HTS: 6116.10.5520, 9903.88.15, 13.2 + 7.5%, "Gloves, mittens and mitts, knitted or crocheted: Impregnated, coated or covered or laminated with plastics or rubber: Other: Without fourchettes: Other: Containing 50 percent or more by weight of cotton, man-made fibers or other textile fibers, or any combination thereof: Subject to man-made fiber restraints." |
| Items: A latex dipped, string-knit work glove constructed of 34% acrylic, 30% polyester, 29% high performance polyethylene, and 7% glass fibers. The glove features a latex coating on the outer surface, which covers the palm and back side of the glove overlapping a small portion of the cuff. The glove features a liner constructed of 73% acrylic, 27% polyester knit fabric and an overlock stich finish at the cuff bottom. You have indicated that this glove has 50% textile fibers or more. |
| Reason: N/A |
| Ruling Date: July 15, 2022 |